Judges will hear al-Marri appeal Wednesday

Question of whether alleged terrorists can be indefintely held without being charged will be argued

Andy Kravetz

Ten appellate court judges will hear arguments Wednesday that could have a direct effect on how the war on terror is conducted in the future.

Can the Bush administration or any president for that matter indefinitely hold a person without criminal charges because they are an alleged terrorist? That’s the question the Richmond, Va.-based 4th Circuit Court of Appeals will take up when they reconsider an earlier ruling regarding former West Peorian Ali Saleh Kahlah al-Marri and whether he can confront the government over allegations that he’s an al-Qaida sleeper agent.

Attorneys for al-Marri and the White House are expected to address the judges Wednesday with a decision coming down in the next few months. It’s a matter that has been closely watched by civil libertarians and one that will not likely end whenever the 4th Circuit rules.

Al-Marri was arrested at his West Peoria apartment three months after the Sept. 11, 2001, terrorist attacks. For nearly two years, he was alternatively charged in Manhattan’s and in Peoria’s federal court with credit card fraud and lying to the FBI.

Just as a federal judge here was to hold a critical hearing, the government dropped all charges, declared him an "enemy combatant" and whisked him away to the brig in South Carolina, where he has been held since June 2003.

In June, a trio of judges held the Bush administration can’t hold him forever — it either has to charge him, declare him a material witness or release him. The Bush administration contended the ruling countermanded its efforts to battle terrorism and sought the full review.

Jonathan Hafetz of the Brennan Center in New York, represents al-Marri. For him, the matter is a fundamental issue — "the right of all individuals in this country who are imprisoned by the government to challenge the accusations against them at a trial by jury."

Andy Kravetz can be reached at (309) 686-3283 or akravetz@pjstar.com.

Never miss a story

Choose the plan that's right for you.
Digital access or digital and print delivery.